HomeMy WebLinkAboutJUNE 22, 1981 MINUTES
Cit3r
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
MAYOR J. HENRY McCOY JR., D.D.S., B.-gh
VICE-MAYOR HAROLD HEISCHOBER, At L.,g.
JOHN A. BAUM, B...gh
E. T. BUCHANAN, Ly..b.-. B.@.gh
F. REID ERVIN, A, L.,g.
BARBARA M. HENLEY, P-9. 8--.gb
CLARENCE A. HOLLAND, M.D., Sy.id, 8 .... gb
U. H. KITCHIN, 111, Vigi.i. B..ch B.@.8b
REBA S. McCLANAN, Pi.c.,@ A... B.-gb
MEYERA E. OBERNDORF, A, L.,g, 212 CITY HALL BUILDING
PATRICK L. STANDING. A, L.,g, MUNICIPAL CEN7ER
VIRGtNIA BEAC)I. VIRGINIA 23456
RU7-H HODGES SMITH, Ci'Y Cl-,k (804) 4r-4303
CITY COUNOIL AGENDA
June 22, 1981
ITEM I INFORKAL SESSION: 5.30 p.m.
A. CALL TO ORDER - MAYOR J. HENRY MCCOY, JR.
B. ROLL CALL OF COUNCIL
C. MOTION TO RECESS INTO INFORMAL/EXECUTIVE SESSION
D. PRESENTATION/DISCUSSION OF PERTINENT 14ATTERS
1. Matters for discussion by Mayor.
2. Matters for discussion by Council.
3. Report of Financial Committee.
4. Old Donation Parkway: Discussion of status and questions
raised by members of City Council.
5. Request of Harold Henley for Expedition of Application
!or a conditional Use Permit.
ITEM II FORMAL SESSION: 7:00 p.m.
A. INVOCATION: Reverend David M. Humphreys
Bayside Christian United Church
of ChriBt
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
C. ELECTRONIC ROLL CALL OF COUNCIL
ITEM II D. MIEUTES OF PREVIOUS MEETING
1. Motion to accept/approve the Minutes of June 15, 1981.
E. INTRODUCTION
1. Recognition of Past Governor of Lions International.
F. PRESENTATION
1. A14A Accreditation - Medical Society of Virginia
To: Virginia Beach Correctional Center
G. PUBLIC HEARING
1. Capital Improvement Program - $1-Million Revenue Sharing
Funds: Fresh Water Well Drilling Operation in Western
Tidewater.
H. RESOLUTION
1. Resolution authorizing the City Manager to execute a lease
with the Virginia Beach Service Center, Inc., now known as
the United Way Family Center, for the use of city property
adjacent to their facility at Mount Trashmore for parking.
2. Resolution authorizing the City Manager to execute a lease
with Sea Broadcasting (WVAB) for a transmitting tower on a
.23-acre parcel at Bow Creek Golf Course.
1. CONSENT AGENDA
All matters listed under the Consent Agenda are considered to be
routine by the City Council and will be enacted by one motion in
the form listed. There will be no separate discussion of these
items. If discussion is desired, that item will be removed from
the Consent Agenda and considered separately.
1. Request for an additional two week deferral of a proposed
Ordinance regarding the enforcement of Chapter 17 of the City
Code pertaining t6 garbage, refuse, waste and weeds.
2. Low bid of Hunt Contracting Corporation, in the amount of
$191,437, for the Green Run-Aragona-Princess Anne Sewer
System Modifications Project and further authorize the City
Manager to enter into the necessary agreement for the imple-
mentation of this project. Funds are available.
3. Low bid of Luke Construction Company, in the amount of
$256,461-74, for the Lynnhaven Parkway, Phase IV, Widening,of
Twin Bridges over London Bridge Creek Project and further
authorize the City Manager to enter into the necessary agree-
ments for the implementation of this project. Funds are
available.
ITEM II I. CONSENT AGENDA (continued)
4. Low bid of Rea Birsch Construction Company, in the amount
of $3,705,184, ior the Bonney Road Project, from Indepen-
dence Boulevard to Rosemont Road and further authorize the
City Manager to enter into the necessary agreements for
the implementation of this project.
5. Applications for Certificates of Public Convenience and
Necessity for operation of a public vehicle in the Ci@y
of Virginia Beach for the following taxicab coinpanies:
Bayside Taxi, Inc. (10 cabs)
Coastal Cab and Beach Taxi, Inc. (14 cabs)
Yellow Cab (5 cabs)
Diamond Cab (9 cabs)
Vince's Execucar (2 for-hire vehicles)
6. Applicati6n of Arrowhead Recreation Association for a
Raffle permit (renewal).
7. Request of the City Treasurer for tax refunds in the amount
of $463.59.
S. Ordinance, on SECOND READING, to increase appropriations
and estimated revenues by $901,310 in the water and sewer
fund for Fiscal year 1982.
9. Ordinance, on SECOND READING, to appropriate funds of
$39,824 from the Division of Justice and Crime Prevention
and to appropriate these funds.
10. Ordinance, on SECOND READING, to appropriate funds of
$290,043 for police and fire vehicles and reduce the 1981-
1982 Budget appropriations for these vehicles by $343,200.
11. Ordinance, on SECOND READING, to appropriate funds of
$20,460 to the Southeastern Public Service Authority.
12. Ordinance, on SECOND READING, to accept a grant totaling
$26,547 from the Division of Justice and Crime Prevention,
and to appropriate these funds.
J. PLANNING ITEMS
1. Reconsiderations
a. Application of
for a change of zoning from @5
to A-1 t on a 8.03-acre parcel located
on the south side of Wildwood Drive, west of First
Colonial Road (Lynnhaven Borough). This matter was
denied by Council on May 11, 1981. On June 1, 1981,
Council voted to reconsider this ap,@lication.
1. Letter from the City Manager transmits the recom-
mendation of the Planning Commission for
ITEM II J. PLANNING ITEMS
2. Deferred Items
a. Application of for a change
of zoning from to @l
on a 2.83-acre parcel located on the east
side of Grayson Road, north of Bonney Road (Kempsville
Borough). This matter was deferred for 60 days on
April 13, 1981, and for an additional week on June 15,
1981.
1. Letter from the City Manager transmits the recom-
mendation of the Planning Commission for denial.
b. Application of for a change of zoning
from B-3 District to kl Liaht Industrial
on a 1.80-acre parcel located at the southwest
corner of Kellam Road and Columbus Street (Bayside
Borough). This matter was deferred for 30 days on May
18, 1981.
1. Letter from the City Manager transmits the recom-
mendation of the Planning Commission for
c. Application of i EL q , a General Partnership,
for a change of zoning from @ Residential District
to " t District on an 8.7-acre site, con-
sisting of five parcels, located along the west side
of Little Neck Road, running from Alcott Road to south
of Oxford Circle (Lynnhaven Borough). This matter was
deferred on April 20, 1981 to June 22, 1981.
1. Letter from the City Manager transmits the recom-
mendation of the Planning Commission for
3. New Applications
a. Application of for a con-
!L
ditional use permit for a
commercial = on a .426-acre parcel located on the
west side of west Chickasaw Road, south of Susquehanna
Drive (Kempsville Borough).
1. Letter from the City Manager transmits the recom-
menAation of the Planning Commission for
b. Application of Association,
@., d/b/a Community Oil, for a conditional use permit
for a storage X= on a 2.35-acre parcel located
on the west side of South Birdneck Rgad, north of Bell's
Road (Lynnhaven Borough).
1. Letter from the City Manager transmits the recom-
mendation of the Planning Commission for
ITEM II J. PLANNING ITEMS (continued)
3. New Applications (continued)
c. Application of a& &Q, @., for a conditional
use permit for a facility on a 1.31-acre parcel
located at the southwest corner of Virginia Beach Boule-
vard and Opal Avenue (Kempsville Borough).
1. Letter from the City Manager transmits the recom-
mendation of the Planning Commission for
d. Application of LL @ for a variance to Section
4.4(b) of the Subdivision Ordinance which requires lot
dimensions to conform to the Comprehensive Zoning Ordi-
nance. He wishes to subdivide this 1.03-acre site into
three lots. This property currently consists of two
lots. The site is located on the west side of Gary
Avenue, south of Old Virginia Beach Road.
1. Letter from the City Manager transmits the recom-
mendation of the Planning Commission for
4. CZO Ordinances
a. Ordinance to amend and reordain Article 2, Section 226
of the CZO pertaining to borrow pits.
1. Letter from the City Manager transmits the recom-
mendation of the Planning COMM3'.ssion for
b. Ordinance to amend and reordain Article 1, Section 107(h)
of the CZO pertaining to amendments;
AND, an Ordinance to amend and reordain Article 2, Section
220(e) of the CZO pertaining to procedural requirements for
conditional use permits.
1. Letter from the City Manager transmits the recom-
mendation of the Planning Commission for
c. Ordinance to amend and reordain Article 2, Section 220(f)
of the CZO pertaining to procddural requirements;
AND, an Ordinance to amend and reordain Article 1,
Section 107(b) of th6 CZO pertaining to amendments.
1. Letter from the City Manager transmits the recom-
mendation of the Planning Commission for
ITEM II K. ORDINANCES
1. General
a. Ordinance to authorize the acquisition of property in
fee simple for Lynnhaven Inlet,.Bay and Connecting
Waters Maintenance Dxedging Project and the acquisi-
tion of necessary temporary and permanent easements
either by agreement or by condemnation.
2. First Readings
a. ordinance, on to appropriate the Davis
Corner Fire Department and Rescue Squad, Inc., an
amount of $25,000 for an advance life support unit.
b. Ordinance, on to transfer funds of
$39,690 and to appropriate funds of $35,310 for pay-
ment for the Norfolk Adult Offender Transaction
Statistics and Management Information System (TRACER),
and to appropriate funds of $22,617 for a Tidewater
Electronic Network for Police Information Project
(TENPIN) Project for the period July 1, 1980 through
June 30, 1981.
c. Ordinance, on to appropriate $1,000,000
of Revenue Sharing Funds for the completion of the
freshwater well drilling operations in Western Tide-
water.
d. Ordinance, on to accept funds totaling
$42,467.00 from the Virginia Housing Developrnent
Authority and to appropriate these funds.
L. APPOINTMENTS
1. Arts & Humanities Commission
2. Historical Review Board
M. UNFINISHED BUSINESS
N. NEW BUSINESS
1. Financial Committee recommends that the City Manager be
authorized to enter into a contract with Wainwright a Ramsey,
Inc., for financial advisory services for a period of one
year, with an automatic annual renewal option.
0. ADJOURNMENT
1. Motion to adjourn.
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
22 June 1981
The Regular Meeting of the Council of the City of Virginia Beach, Virginia,
was called to order by Mayor J. Henry McCoy, Jr., D.D.S., in the Conference
Room, City Hall Building, on Monday, June 22, 1981, at Five-Thirty in the
evening.
Council Members Present:
John A. Ba@ E. T. Bucbanan, F. Reid Ervin, Vice Mayor Harold
Heiscbober, Barbara M. Henley, Clarence A. Holland, M.D., W. H.
Kitchin, III. Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S.,
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Absent:
None
ITEM #16Po23
Mayor McCoy entertained a motion to permit Council to conduct its INFORMAL
SESSION to be followed by an EXECUTIVE SESSION for the purpose of discussing
the following:
1. Discussion or consideration of employment, assignment, appointment,
promotion, demotion, salaries, discipline or resignation of public
officers, appointees or employees of any public body. (Personnel Matters).
2. Consultation with legal Counsel and briefing by staff members,
consultants, or attorneys pertaining to actual or potential
litigation, or other legal matters within the jurisdiction of the
public body. (Legal Matters).
Upon motion by Councilman Standing, seconded by douncilman Buchanan, City
Council voted to proceed into the EXECUTIVE SESSION following the INFORMAL
SESSION.
Voting: 11-0
Council Members Voting Aye:
John A. Ba@ E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold
Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H.
Kitchin, III, Reba S. McClana@ Mayor J. Henry McCoy, Jr., D.D.S.,
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
Nbne
Council Members Absent:
None
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M A T T E R S B Y T H E M A Y 0 R
CONFERENCE OF MAYORS ITEM #16824
Mayor McCoy advised Council that the City of Virginia Beach won the
Special Award for recognition of outstanding leadership in the dev-
elopment and support of citizen voluntarism during the U S Conference
of Mayors.
IMPACT FUNDS ITEM #16825
Mayor McCoy advised Council that one of the main topics of discussion
during the Conference was the President cutting Impact Funds; however,
Mayor McCoy noted that few Cities attending the Conference were con-
cerned with the matter.
PARKING WEST SIDE ATLANTIC AVENUE ITEM #16826
Mayor McCoy made reference to a letter from Attorney Grover C. Wright,
Jr., concerned with parking on the West side of Atlantic Avenue.
The City Manager advised he will be bringing his recommendations to
Council during a July Council meeting.
Councilman Ervin advised Council of the limited powers of the Board of
Zoning Appeals.
M A T T E R S B Y C 0 U N C I L M E M B E R S
SEAFOOD PEDDLERS ITEM #16827
Councilwoman Oberndorf made reference to a letter received from Sandler
Foods concerned with the "Street Vendors" as they are continuing to
violate the Ordinance prohibiting them from stopping in one spot for
more than 15 minutes.
It was requested the City Manager prepare a report for Council's perusal.
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EXECUTIVE BOARD MEETING ITEM #16828
Councilwo.man oberndorf advised Council that the Executive Board of the
Southeastern Virginia Planning District Commission heard a report on
the Atlantic Avenue Parking Study. The Board advised the Media that
the 24-hour parking was the suggestion of the Study Committee, and
NOT the City Council of Virginia Beach.
REAL ESTATE TAXES ITEM #16829
Councilman Kitchin advised he discussed with Cylde N. Merritt, Real
Estate Assessor, the rate in which taxes have increased.
AGRICULTURE ITEM #16830
Councilman Kitchin asked for the consensus of Council to allow the
Director of Agriculture, Mr. Richard Cockrell, to contact the
Professor at VPI who had assembled the legislation as,to "farm tax"
to determine if in the Beach Borough (where there is a high mix of
commercial right next to residential), there would be any similarities
to warrant a study of that area.
Councilman Kitchin will work with mr. Cockrell and the Professor and
report back to Council if it is felt the area has similarities for
limilar legislation.
ROBERT EPSTEIN ITEM #16830(a)
Councilman Kitchin advised that Robert Epstein notified him that the
Council, when approving his zoning change, placed him under a "hardship"
by approving ten (10) additional units for his motel, and requested
Council permit him to appear before the Board of Zoning Appeals for
a variance.
There was no consensus for a RECONSIDERATION of this application.
BAYLAKE PINES/LOOKOUT ROAD ITEM #16831
Councilman Holland advised Council of the problems in Chesapeake Beach
and Baylake Pines doncerning a cul-de-sac on Lookout Road, and requested
the residents in the area be permitted to appear before Council to
discuss this matter.
It was the consensus of Council that this matter be heard 6 July 1981.
FINANCIAL REPORT ITEM #16832
Vice Mayor Heischober presented the Financial Report from the Financial
Committee compris6d of Harold Heischober, Patrick L. Standing, George L.
Hanbury, and Giles G. Dodd.
Vice Mayor Heischober advised Council that the firm selected was
Wainwright and Ramsey, Inc., and this matter will be voted on in
the FORMAL SESSION under NEW BUSINESS.
5-
OLD DONATION PARKWAY ITEM'#lEB33
The City Manager introduced Robert J. Scott, Planning Director, who
presented iin oral report, at the request of Councilman Baum, on the
status of Old Donation Parkway with regards to: (1) How much right-
of-way does the City own? (2) Are there any parcels which have
Reverter Clauses attached? (3) Should- the City consider releasing
the right-of-way; and, (4) If Council decides to abandon the right@-
of-way, what methods should be utilized?
HAROLD HENLEY'S EXPEDITION REQUEST ITEM #16834
The City Manager advised Council of the request of Harold Henley for
the expedition of his conditional use permit to construct a single-
family residence as he was not aware of the 600-foot setback require-
ment.
This matter will be under UNFINISHED BUSINESS in the FORMAL AGENDA.
OUTSTANDING EMPLOYEES ITEM #16635
The City Manager advised that Richard F. Branich was presented the Rotary
City Employee of the Year Award for 1980. Mr. Branich is Parks Administrator
with the Department of Parks and Recreation.
The City Manager advised that Robert J. Scott, Planning Director, received
the ASPA'S J. Sargeant Reynolds Award for outstanding contributions in
the field of Public Administration.
TIDEWATER INVESTMENT ITEM #16836
The City Manager made reference to a letter received from V. A. Etheridge,
Jr., concerning his application of Tidewater Investment Properties, Inc.,
request for rezoning.
A copy of the letter has been made a part of these proceedings.
WATER SITUATION ITEM #16837
The City Manager advised Council that there was "nothing to be added
in the discussion of the water situation".
6-
ADDITIONAL ITEMS ON AGENDA ITEM #16'838
The City Attorney advised Council of several "add on" items for the
Agenda: (INFORMAL SESSION only).
1. Borrow Pit Report -'RResolution s,bmitted by
Council of CiVic Organizations.
2. Resolution - Virginia Beach Service Center, Inc.,
changed to UNITED WAY FAMILY CENTER.
3. Section 35-181 of the Code of the City of Virginia
Beach concerning charter boats and their operations.
4. Publisher of City Code erroneously placed a comma in
the body of ordinance Section 21-338(b) which changes
the meaning of the sentence.
I
*The City Attorney advised Council that the Resolution submitted by
the Council of Civic Organizations could not be effective since the
Federal Agencies did not have the authority the Resolution indicated.
City Council recessed into EXECUTIVE SESSION, (6:18 p.m.)
7-
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
22 June 1981
7:26 p.m.
Council Members Present:
John A. Baun6 E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold
Heisch6ber, Barbara M. Henley, Clarence A. Holland, M.D. , W. H.
Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S.,
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Absent:
None
INVOCATION: Reverend David M. Humphreys
Bayside Christian ljnited Church
of Christ
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
8-
M I N U T E S
ITEM II-D.1 ITEM #16839
Upon motion by Councilwoman Oberndorf, seconded by Councilman Standing,
City Council voted to APPROVE the Minutes of the Regular Meeting of
June 15, 1981.
Voting: 11-0
Council Members Voting Aye:
Jobn A. Baum, E. T. Bucbanan, F. Reid Ervin, Vice Mayor Harold
Heiscbober, Barbara M. Henley, Clarence A. Holland, M.D., W. R.
Kitcbin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S.,
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting.Nay:
None
Council Members Absent:
None
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1 N T R 0 D U C T I 0 N
ITEM II-E.1 ITEM #16840
Mr. John White, Lions Club, introduced Mr. Lon Leo Linblum, Past District
Governor from Helsinki, Finland, who presented to the City of Virginia
Beach a replica of Finland's State Flag, and also the State Banner from
Lions 107, Helsinki, 'Finland.
P R E S E N T A T I 0 N
ITEM II-F.1 ITEM #16841
Doctor Richard Easton, City Physican, advised Council that the Virginia
Beach Correctional Facility received the American Medical Association's
accreditation, which makes the City's Facility one of two in the State
of Virginia.
Doctor Easton introduced Willard Osborn, Medical Society of Virginia,
who presented the Accreditation Award to the Mayor.
Doctor Easton introduced and thanked the following:
Mrs. Joan Treon, Medical Nurse Supervisor
Sheriff Joe Smith
Mr. Jack Dewan
P U B L I C H E A R I N G
ITEM G. 1 ITEM #168.42
The following persons appeared regarding the Capital Improvement Program
$1-Million Revenue Sharing Funds: Fresh Water Well Drilling Operation in
Western Tidewater:
Mrs. Alice Green, Citizens Advisory Committee
Isaac Herbert, Burton Station Civic League
Sam Houston, Mayor's Committee on Aging and President of SEVAMP
There being no further speakers, the,May-or declared the Public Hearing
closed.
-10-
R E S 0 L U T I 0 N S
ITEM II-H.1 ITEM #16843
Upon motion by Councilman Holland, seconded by Councilman Standing, City
Council voted to uphold the recommendation of the City Manager and ADOPT
the Resolution authorizing the City Manager to execute a lease with the
Virginia Beach Service Center, Inc., now known as the UNITED WAY FAMILY
CENTER, for the use of City property adjacent to their facility at Mount
Trashmore for parking.
Voting: 10-0
Council Members Voting Aye:
John A. Baim F. Reid ErviA Vice Mayor Harold Heischober, Barbara
M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, Ill, Reba S.
McClanan, Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf,
and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Abstaining:
E. T. Buchanan
Council Members Absent:
None
At a meeting of the Council of the City
of Virginia Beach held on the Twenty-Second
day of June, 1981, the following Resolution
was adopted.
R E S 0 L U T 1 0 N
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That the City Manager and the City Clerk are hereby authorized
to execute an agreement, a copy of which is attached hereto relating to
a lease between the CITY OF VIRGINIA BEACH and UNITED WAY FAMILY CENTER
for a term of four (4) years and eleven (11) months.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Twenty-Second day of June, 1981.
-1 2-
THIS AGREEMENT OF LEASE, Made this day of
1981, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a Municipal
Corporation, hereinafter referred to as Lessor; and the UNITED WAY FAMILY
CENTER, a Virginia Corporation, hereinafter referred to as Lessee.
W I T N E S S E T H
WHEREAS, Lessee has constructed a recreational facility on its
property abutting Southern Boulevard and adjacent to the property owned
by Lessor, all as shown on those certain plans prepared by Oliver, Smith
and Cooke, Architects - Planners, Norfolk and Virginia Beach, Virginia,
numbered C-1, C-2 and A-24, dated July 23, 1974; which plans are
incorporated herein and made a part hereof and which are hereinafter
called "the plans"; and,
WHEREAS, Lessee desires to locate an additional parking area
.to serve its facility upon contiguous property owued by the Lessor, as
shown on the plans, and Lessor is agreeable for its property to be so
utilized by Lessee upon the express condition that Lessor's use of said
property shall be non-exclusive and that said property will be open to
patrons of Lessee's facility and also to City Employees and.the general
public.
NOW, THEREFORE, for and in consideration of the premises, and
the hereinafter mentioned considerations passing to Lessor, and the
covenants and agreements contained herein, Lessor demises and leases
to Lessee and Lessee rents from Lessor that below-described premises
on the following terms, covenants and conditions:
1. PREMISES. Lessor does hereby lease and demise to Lessee
aud Lessee does hereby rent and let from Lessor the property owned by
Lessor which iB shown on the plans prepared by Oliver, Smith and Cooke,
Architects - Planners, Norfolk-and Virginia Beach, Virginia, numbered
C-1, C-2 and A-24, dated July 23, 1974, and designated on said plans as
"City Property to be allocated for additional parking."
2. TERMS. The terms of this lease shall be four (4) years and
eleven (11) months, commencing on the date this lease is signed by Lessor.
Provided, however, that in the event that Lessor decides to construct a
City building upon said leased area for future.use by the City of Virginia
-1 3-
Beach, Lessor shall bave the right to terminate the lease upon ninety
(90) days written notice to Lessee, which written notice shall include
documentation of Lessors intention to construct said City building upon
the leased area.
3 . RENT. Lessee agrees to construct and maintain those
certain parking facilities on the demised premises, including the pedestrian
bridge, as shown on tbe aforementioned plans, which shall all become the
property of Lessor at no cost to Lessor. In addition to constructing
and maintaining these improvements which bave an approximate value of
Fifty-Two Thousand Dollars ($52,000.00), Lessee agrees that the use of
these parking facilities located on the Lessors property shall be non-
exclusive and that in addition to being open to patrons of Lessee they
shall also be open to City Employees and to the general public and
subject to reasonable regulations by Lessor.
4. INSURANCE. Lessee agrees to maintain insurance in the
amount of $100,000.00 - $300,000.00 bodily injury, including death, and
$25,000.00 for property damage to protect the parties bereto against the
public liability arising out of any activity carried on pursuant to this
lease. Public liability insurance must carry a contractural liability
endorsement covering the agreement contained in Paragrapb 5 below and
certificates showing such coverage must be filed with Lessor.
5. LESSEE'S COVENANTS. Lessee agrees to indemnify, keep and
hold the Lessor free and harmless from any contractual liability of Lessee
and from all claims on account of injury to Lessee, or any other person,
firm or corporation, or damage to the property of Lessee, or any other
person, firm or corporation arising from or growing out of the construction
and/or use of the facilities located on Lessor's property. In the event
that suit shall be brought against Lessor, either independently or jointly
with Lessee, Lessee will defend Lessor in any such suit at the cost of
Lessee, and in the event of a final judgment being obtained against
Lessor, either independently or jointly with Lessee, then Lessee will
pay such judgment with all costs and hold Lessor harmless therefrom.
-1 4-
WITNESS the following signatures and seals:
UNITED WAY FAMII;Y CENTER
By
ATTEST:
Secretary
CITY OF VIRGINIA BEACH, VIRGINIA
By
City Manager
City Clerk
-1 5-
ITEM II-H.2 ITEM #168 44
Upon motion by Councilman Holland, seconded by Councilman Buchanan, City
Council voted to uphold the recommendation of the City Manager and ADOPT
the Resolution authorizing the City Manager to execute a lease with Sea
Broadcasting (WVAB), for a transmitting tower on a .23-acre parcel at
Bow Creek Golf Course.
Voting 10-1
Council Members Voting Aye
John A. Bau@ E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold
Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H.
Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S.,
and Patrick L. Standing
Council Members Voting Nay:
Meyera E. Oberndorf
Council Members Absent:
None
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At a meeting of the Council of the
City of Virginia Beach held on'the
day of June, 1981, the fOllOw7
ing resolution was adopted.
R B S 0 L U T I 0 N
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That the City Manager and City Clerk are hereby
authorized to execute an agreement, a copy of which is attached
hereto relating to a lease between the CITY OF VIRGINIA BEACH and
SEA BROADCASTING CORPORATION, trading as WVAB RADIO for 6 term of
five years.
ADOPTED by the Council of the City of Virginia Beach
on the 22 day of June 1981
APPROVED:
Mayor
ATTEST:
City Clerk
- 1 7 -
THIS AGREEMENT OF LEASE, Made this day of
1981, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a Municipal
Corporation of the Commonwealth of Virginia, hereinafter referred to as
"Lessor", party of the first part, and SEA BROADCASTING CORPORATION,
trading as WVAB Radio, hereinafter referred to as "Lessee", party of
the second part.
W I T N E S S E T H
The Lessor, for and in consideration of the rent and covenants
and agreements to be kept and performed by tbe parties hereto, agrees to
rent and lease, and does by tbese presents hereby rent and lease to the
Lessee, and Lessee does hereby accept said lease upon the hereinafter
set forth terms and conditions, all that certain tract o@ parcel of land
lying, situated and being in the City of Virginia Beach, Virginia, and
more particularly described as follows:
That portion of Bow Creek Golf Course outlined in
red on the plat attached hereto and referred to as
LEASE AREA 0.230 AC., said plat hereby made a part
hereof.
THIS LEASE is conditioned upon the following terms and conditions
and covenants:
1. The term of this lease shall be for five (5) years commencing
on the First day of 1981, and shall terminate at midnight
on the Thirtieth day of 1 1986.
2. This lease may be terminated during its term by either party
upon the giving of written notice at least twelve (12) months in advance
of the termination date.
3. The Lessee agrees to pay the Lessor $200.00 a month in rental
for the duration of the lease. Each such monthly installment shall be
payable in advance upon the First day of each calendar month made payable
to Treasurer, City of Virginia Beach. In lieu of rent monies, the Lessee
may furnish Lessor Two Hundred Dollars ($200.00), monthly in radio
advertising. Lessor has the right to use this advertising for any subject
or project that is in the interest of Lessor. For the duration of this
contract, advertising rates are to be determined by Lessee's rate card
dated 1, 1981.
-1 8-
4. T@he premises are leased by Lessor to Lessee "as is", and the
sole responsibility for the maintenance and upkeep of the premises shall be
with the Lessee.
5. Lessee agrees to protect and to hold Lessor harmless from all
damage or injury to person or property which may result from Lesseets use
or occupancy of the premises, and to protect and indemnify the City of
Virginia Beach, Virginia, and its officers and employees from any and all
claims, demands, suits, actions, judgments and recoveries for or on account
of damage or injury, including death, to property or person occurring on
the leased premises.
6. Lessee shall at his expense, provide and maintain in force
during the entire lease term public liability insurance with limits of
coverage of not less than $250,000.bo for property damage loss from any
one accident and not less than $500,000.00 for personal injury from any
one accident and not less than $250,000.00 for injury to any one person
from any one accident. Lessor shall be named as additional insured. Lessee
shall provide Lessor with a Certificate of Insurance reflecting the
conditions contained in this paragraph.
7. Lessor expressly reserves the right to enter the premises,
at any reasonable time, to examine or to make sucb repairs, additions,
or alterations as it may deem necessary for the safety, improvement or
preservation thereof.
8. Upon the expiration of the term hereof, Lessee shall
surrender the premises to the Lessor in as good order and conditions
as at the commencement of the term, ordinary wear and tear excepted.
9. This lease may only be transferred upon the wiitten
consent of the City Manager of the City of Virginia Beach.
WITNESS the following signatures an.d seals on the day, month
and year first above written.
-1 9-
CITY OF VIRGINIA BEACH, VIRGINIA
By: (SEAL)
City Manager
ATTEST:
City Clerk
SEA BROADCASTING CORPORATION
By - (SEAL)
President
ATTEST:
Secretary
Tit 9
ti
- 20-
C 0 N S E N T A G E N D A
ITEM II-I.1 ITEM #168 45
Upon motion by Councilman Standing, seconded by Councilwoman Oberndorf,
City Council voted to uphold the recommendation of the City Manager and
DEFER FOR TWO (2) WEEKS the Ordinance to amend and reordain Chapter 31
of the Code of the City of Virginia Beach pertaining to Garbage, Refuse,
Waste and Weeds:
Voting: 11-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold
Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H.
Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S.,*
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
*MAYOR McCOY VOICED A VERBAL "AYE".
21-
Requested by: Solid Waste Division of Public Works
AN ORDINANCE TO AMEND AND REORDAIN
CHAPTER 31 OF THE CODE OF THE CLTY
OF VIRGINIA BEACH PERTAINING TO
GARBAGE, REFUSE, WASTE AND WEEDS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Chapter 31 of the Code of the City of Virginia Beach is
hereby amended and reordained by adding the following Sections thereto:
Section 31-2.1. Notice of violation - Authority to issue.
Inspectors or sanitarians appointed by the Department Head or
any police officer shall enforce Sections 31-4, 31-5, 31-6, 31-7(B)(E)(I)
and Section 31-12(A)(B)(E) of Article I of this Chapter by issuing a notice
in writing to the owner, occupant, janitor or other proper person informing
him of the date and nature of the violation and instructing him to report
to the Treasur6r's Office of the City in regard to such violation. All
other violations of this Chapter shall be enforced by the issuance of a
summons or warrant as provided b@aw.
Section 31-2.2. Same - Method of issuance.
When an inspector, sanitarian or police officer issues a notice
for a violation of this Article he shall serve the offendiilg person by:
(a) Delivering a copy of the notice to whom it is
directed in person.
(b) If the party cannot be found by delivering a copy and
giving information of its contents and meaning t n
adult member of the family found at his regular place
of abode or at his usual place of business, or
(c) By mailing by certified mail with delivery reported, a
copy of the notice to the last known address of the
person.
2 2-
Section 31-2.3. Same - Response.
ihe party to whom such notice is directed shall:
(a) Witbin 72 hours of service of such notice, report to
the Treasurer's office of the City and pay the
penalties set forth herein below for and in full
satisfaction of such violation.
For Violation of; Penalty
1. Section 31-4 ............................................... $10.00
2. Section 31-5 ............................................... $10.00
3. Section 31-6 ............................................... $10.00
4. Section 31-7(B) ............................................ $15.00
5. Section 31-7(E) ............................................ $15.00
6. Section 31-7(I) ............................................ $15.00
7. Section 31-12(A) ............................................ $20.00
8. Section 31-12(B) ............................................ $20.00
9. Section 31-12(E) ............................................ $15.00
(b) Upon failure to make payment as above provided, a
warrant shall be issued against and served on the
party directing him to appear before the District
Court of the City, on the date and at tbe time
specified in the warrant, to answer for the
violation alleged the date and nature of which shall
be set forth in the warrant. Such warrant shall be
served in the manner provided by law for the service
of such warrants.
This Amendment shall become effective upon thirty days after
the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the day of 1981.
DEFERRED BY CITY COUNCIL: 22 June 1981
2 3-
AR ORDINANCE TO AMEND AND REORDAIN
CHAPTER 31 OF THE CODE OF THE CITY
OF VIRGINIA BEACH BY AMENDING SECTION
31-3 PERTAINING TO PENALTIES FOR
VIOLATION OF SAID CHKPTER
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Chapter 31 of the Code of the City of Virginia Beach
is hereby amended and reordained by adding a Section 31-3 hereto
as follows:
Section 31-3. Violations of Chapter.
Unless otherwise specifically provided, a violation of any
provision of this Chapter shall constitute a Class 1 Misdemeanor and.
unless the penalty for such violation is paid in accordance with
Sections 31-2.1 through Section 31-2.3 of this Article, upon conviction
thereof, the Court shall impose a fine of not less than Twenty-Five
Dollars ($25.00, nor more than One Thousand Dollars, ($1,000.00).
This Ordinance shall be effective on and after the date of
its adoption.
Adopted by.the Council of the City of Virginia Beach, Virginia,
on the day of 1 981.
DEFERRED BY CITY COUNCIL: 22 June 1981
6/22/81
- 24-
ITEM II-I.2 ITEM #16846
The following bids have been received for the Green Run-Aragana-Princess
Anne Sewer System Modifications Project:
Hunt Contracting Corporation $191,437.00
Crowder Contracting Company, Inc. $197,200.00
Luke Construction Company, Inc. $223,275.00
Engineer's Estimate $274,000.00
Upon motion by Councilman Standing, seconded by Councilwoman Oberndorf,
City Council voted to uphold the recommendation of the City Manager and
APPROVE the low bid of Hunt Contracting Corporation, in the amount of
$191,437.00, for the Green Run-Aragona-Princess Anne Sewer Modifications
Project; AND, further authorized the City Manager to enter into the
necessary agreement for the implementation of this project. Funds are
available.
Voting: 11-0
Council Members Voting Aye:
John A. Ba@ E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold
Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H.
Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S.,*
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
*MAYOR McCOY VOICED A VERBAL "AYE".
25-
ITEM II-I.3 ITEM #16847
The following bids have been received for the Lynnhaven Parkway, Phase IV,
Widening of Twin Bridges over London Bridge Creek.Project:
Luke Construction Company $256,461.74
William Paving Company $282,936.96
Virginia Bridge & Structures Company $308,263.40
Sanford Construction Company $375,347.50
Engineer's Estimate $228,202.88
Upon motion by Councilman Standing, seconded by Councilwoman Oberndorf,
City Council voted to uphold the recommendation of the City Manager and
APPROVE the low bid of Luke Construction Company, in the amount of
$256,461.74 for the Lynnhaven Parkway, Phase IV, Widening of Twin
Bridges over London Bridge Creek Project; AND, authorized the City
Manager to enter into the necessary ag,reements for the implementation
of this project. Funds are available.
Voting: 11-0
Council Members Voting Aye:
John A. Baun4 E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold
Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H.
Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S.,*
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
*MAYOR McCOY VOICED A VERBAL "AYE".
- 2 6-
ITEM ii-i.4 ITEM #16848
The following bids have been received for the Bonney Road Project, from
Independence Boulevard to Rosemont Road:
Rea Birsch Construction Company $3,705,184.00
Warbler Construction & D.J.W.
Construction Company $3,819,032.61
E. V. Williams Company, Inc. $3,898,120.25
Suburban Grading & Utilities, Inc. $3,968,095.94
English Construction Company $4,054,535.33
APAC - Virginia $4, 0 7 9, 217. 82
Major T. Archbell, Inc. $ 4, 131, 940 . 6 2
Ames and Webb, Inc. $ 4, 261, 025. 77
Higgerson - Buchanan $4,769,201.55
Engineer's Estimate $4,147,218.90
Upon motion by Councilman Standing, seconded by Councilwoman Oberndorf,
City Council voted to uphold the recommendation of the City Manager and
APPROVE the low bid of Rea Birsch Construction Company, in the amount
of $3,705,184.00, for the Bonney Road Project, from Independence Boulevard
to Rosemont Road, subject to approval and settlement of certain legal
matters between Rea Birsch Construction Company and the City of Virginia
Beach; AND, authorized the City Manager to enter into the necessary
agreements for implementation of this project.
Voting: 11-0
Council Members Voting Aye:
John A. Baul% E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold
Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H.
Kitchin, III, Reba S. McClanarl, Mayor J. Henry McCoy, Jr., D.D.S.,*
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
*MAYOR McCOY VOICED A VERBAL "AYE".
2 7-
ITEM II-I. 5 ITEM #16849
Upon motion@ by Councilman Standing, seconded by Councilwoman Oberndorf,
City Council voted to uphold the recommendation of the City Manager and
APPROVE the following applications for Certificates of Public Convenience
and Necessity for operation of a public vehicle in the City of Virginia
Beach.
Currently
Authorized Requested Increase
Bayside Taxi, Inc. 10 10 0
Coastal Cab and Beach
Taxi, Inc. 12 14 2
Yellow Cab 5 5 0
Diamond Cab 9 9 0
Vince's Execucar 1 2 1
Voting: 11-0
Council Members Voting Aye:
Jolm A. Bam% E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold
Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H.
Kitchin, III, Reba S. McClana@ Mayor J. Henry McCoy, Jr., D.D.S.,*
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
*MAYOR McCOY VOICED A VERBAL "AYE".
6/22/81
- 2 8-
ITEM ii-i.6 ITEM #1685)
Upon motion by Councilman Standing, seconded by Councilwoman Oberndorf,
City Council voted to uphold the recommendation of the City Manager and
APPROVE the application of Arrowhead Recreation Association for a Raffle
Permit (renewal).
Voting: 11-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold
Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H.
Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S.,*
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
*MAYOR McCOY VOICED A VERBAL "AYE".
-2 9-
ITEM II-I.7 ITEM 1/168-51
Upon motion by Councilman Standing, seconded by Pouncilwoman Oberndorf,
City Council voted to uphold the recommendation of the City Manager and
APPROVE the request of the City Treasurer for tax refunds in the amount
of $463.59.
Voting: 11-0
Council Members Voting Aye:
John A. Ba@ E. T. Bucbanan, F. Reid Ervin, Vice Mayor Harold
Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H.
Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S.,*
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
*MAYOR McCOY VOICED A VERBAL "AYE".
M,@. C, 7 30 -
6/11/81 EMC
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket 'Exonera- Date Penalty I nt. Total
Y ear of Tax Number tion No. Paid
Robert F Mclown et ux 79 RE(1/2) 44905-0 5/29/81 234.83
Robert F @IcKown et ux 79 RE(2/2) 44905-0 5/29/81 228.76
Total 463.59
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling Ce
$ 4 6 3 . 5 9 were approved by
the C ounci I of the C i ty of V i'rgiiiia
Beach on the 22-day of Jne
Jot
Approved as to ;qrm:
Ruth Hodoes Smitil
City Clerk
D" le L3ifilsoll, City Allorne@lit
- 31-
ITEM ii-i. 8 ITEM #16852
Upon motion by Councilman Standing, seconded by Councilwoman Oberndorf,
City Council voted to uphold the recommendation of the City Manager and
ADOPT the Ordinance on SECOND READING to increase appropriations and
estimated revenues by $901,310 in the water and sewer fund for Fiscal
Year 1982.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold
Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H.
Kitchin, IIT, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S.,*
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
*MAYOR McCOY VOICED A VERBAL "AYE".
3 2-
AN ORDINANCE TO INCREASE APPROPRIATIONS
AND ESTLMATED REVENUES BY $901,310 IN
THE WATER AND SEWER,FUND FOR FY82
WHEREAS, the City of Norfolk has increased the cost of water to
the City of Virginia Beach by 12.2cts per thousand gallons from 63.7cts to
75.9cts, and
WHEREAS, this rate increase will raise the city's FY82 cost of an
estimated seven billion gallons of water purchased from the City of Norfolk
by $901,310, and
WHEREAS, an appropriation to the Department of Public Utilities of a
like amount is needed to offset the additional cost, and
WHEREAS, City Council has increased water rates to its customers
to balance the additional appropriation needed.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH that funds of $901,310 be appropriated to the Department of Public
Utilities for FY82 for the additional cost required in the purchase of water
from the City of Norfolk.
BE IT FURTHER ORDAINED that for FY82 estimated revenues in the Water
and Sewer Fuhd be increased by $901,310.
This ordinance shall be in effect from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on the
2 2 day of _June , 1981.
FIRST READING: 15 June 1 981
SECOND READING: 22 June 1 981
pp To CONTENT
,oVro A
AP
EY
3 3-
ITEM II-I.9 ITEM #16853
Upon motion by Councilman Standing, seconded by Pouncilwoman Oberndorf,
City Council voted to uphold the recommendation of the City Manager and
ADOPT the Ordinance on SECOND READING to appropriate funds of $39,824
from the Division of Justice and Crime Prevention and to appropriate
these funds.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold
Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H.
Kitcbin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S.,*
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
*MAYOR McCOY VOICED A VERBAL "AYE".
--- 3 4-
AN OIMINANCE TO ACCEPT A GRANR
G $39,824 FRCM THE DIVISION
OF =ICE AND CRDE P ICN
AND TO APPROPRIATE
the City of Vircjinia Beach wishes to ccntinue a program
to assist victims and witnesses in understanding the operaticns and procedures
of the Criminal Justice System, and
the Divisim of Justice and Crime Preventim (DJCP) has
approved necessary funding to accamplish the objective stated above.
NCW, TH=UFE, BE IT O@ BY THE COUCIL OF THE CITY OF
@INIA BEACH, VIRGINIA:
That the City Manager is hereby authorized to accept the grant for
the City, and funds are hereby appropriated for the following purpose:
Estiniated Revenue Local Total
Frcm Other Agencies Match Appropriations
Victim/witness Progr&n $30,491 9,@333 $39,824
BE IT M = 0 that the appropriaticns will be financed
by $30,491 estimated revenue frcrn the DJCP and a local cash match of $9,333
frcm the City's Unappropriated Fund Balance, and
BE IT FURTHER ORDAMM that two personnel positions are hereby
authorized for the duration of the grant, to be paid fran the grant, with the
classes of ewloyees to be detennined by the City Manager.
FIRST READING: 15 June 1981
SECCND REMING: 22 June 1981
Adopted by the Council of the City of Virginia Beach on the 22
day of June 1981.
APPROVED AS TO COi'lTt,14T
SIC-NATURE
liE @T@,A[.'4T
ED AS TO/F
Cl@, AT-TORNEY
- 3 5-
ITEM II-1.10 ITEM #16,854
Upon motion by Councilman Standing, seconded by Councilwoman oberndorf,
City Council voted to uphold the recommendation of the City Manager and
ADOPT the ordinance to appropriate funds of $290,043 for police and fire
vehicles and reduce the 1981-1982 Budget appropriations for these vehicles
by $343, 200.00.
Voting: 11-0
Council Members Voting Aye:
John A. Baun6 E. T. Buchanan, F. Reid Ervin, Vice Mayor liarold
Heischober, Barbara M. Henley, Clarence A. Holland, M.D. , W. H.
Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S.,*
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
*MAYOR McCOY VOICED A VERBAL "AYE".
- 3 6 -
AN ORDINANCE TO APPROPRIATE
FUNDS OF $290,043 FOR POLICE
AND FIRE VEHICLES AND REDUCE
THE 1981-82 BUDGET APPROPRIATIONS
FOR THESE VEHICLES BY $343,200
WHEREAS, a recent bid by the Ford Motor Company on full size Ford LTD's for
the State Police Department was considerably lower than the proposed police
vehicle cost for the same unit in the city's FY82 budget, and
WHEREAS, the Ford Motor Company has agreed to include thirty-nine vehicles
for the City of Virginia Beach in this 1981 production order at a cost of $7, 437
per vehicle, and
IVHEREAS, this unit cost produces a savings of $53,157 over the proposed
FY82 unit cost of $8, 800 per vehicle, and
WHEREAS, thirty-seven of these vehicles were included in the FY82 Police
Department budget and two vehicles were included in the FY82 Fire Der)artment
budget, and
WHEREAS, an order for these units needs to be placed before the end of the
1981 fiscal year in order to include them in Ford's 1981 production.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That funds of $290, 043 be apprODriated fro;-n the General Fund Balance for the
purpose of purchasing thirty-seven police vehicles and two fire vehicles as /@ollows:
Appropriation
Police Department $275,169
Fire Department 14, 874
Total $290,043
BE IT FURTHER ORDAINED that the FY 82 Operating Budget for the Police and
Fire Departments for the acquisition of these vehicles be reduced by $325, 600 and
$17, 600 respectively.
This ordinance shall be in effect from and after its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 22
day of June 1981.
FIRST READING: 15 June 1981 APPIZOVED AS -@C rO@4TENr
SECOND READING: 22 June 1981 SiGNATLI@z
EY
3 7-
ITEM II-I.11 ITEM #168 55
Upon motion by Councilman Standing, seconded by Councilwoman Oberndorf,
City Council voted to uphold the recommendation of the City Manager and
ADOPT the Ordinance on SECOND READING to appropriate funds in the amount
of $20,460 to the Southeastern Public Service Authority.
Voting: 11-0
Council Members Voting Aye:
Jolm A. Baur; E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold
Heischober, Barbara M. Henley, Clarence A. HC)lland, M.D. , W. H.
Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S.,*
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
*MAYOR McCOY VOICED A VERBAL "AYE".
3 8-
AN ORDINANCE TO APPROPRIATE FUNDS OF
$20,460 TO THE SOUTHEASTERN PUBLIC
SERVICE AUTHORITY
WHEREAS, the Southeastern Public Service Authority is
involved in the search for sources of water supply for Southeastern
Virginia, and
WHEREAS, the Authority's Board of Directors has selected a
firm to undertake the next phase of the engineering work associated
with the development of Somerton Creek in the City of Suffolk and
Assamoosick Swamp in Southampton and Sussex Counties as sources
of water supply for Southeastern Virginia, and
WHEREAS, funding for the engineering services is to be provided
by member cities on a population basis using the 1980 Census as a
base, and
WHEREAS, based on this formula the funding required of the
City of Virginia Beach is $20,460 vhich is 31% of the total cogt.
NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH:
That funds in the amount of $20,460 be appropriated from the
General Fund Balance to the Municipal Council as a contribution to
the Southeastern Public Service Authority for engineering purposes
as stated above.
This ordinance shall be in effect from the date of its adoption.
First Reading: 15 June 1981
Second Reading: 22 June 1981
Adopted by the Council of the City of Virginia Beach, Virginia
on the 22 day of June -19 81
APPROVED AS TO CONTENT
SIGNATURE
DEPARTMENT
AS TO FOR),i
CITY AT-iOIN@'Y
- 3'9-
ITEM II-I.12 ITEM #168'56
Upon motion by Councilman Standing, seconded by Councilwoman Oberndorf,
City Council voted to uphold the recommendation of the City Manager and
ADOPT the Ordinance on SECOND READING to accept a Grant totaling $26,547
from the Division of Justice and Crime Prevention, and to appropriate
these funds.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold
Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H.
Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S.,*
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
*MAYOR McCOY VOICED A VERBAL "AYE".
- 40,-
AN ORD TO ACCEPT A GRANT
ING $26,547 FRCM THE
DIVISION OF JUSRICE AND CPJM
PRM=CN, AND TO APPROPPJATE
THESE FUNDS
the C ealth's Attorney desires to more effectively'
prosecute career cr ls and major violators charged with crines and
WHEREAS, the Divisim of Justice and Crime Preventicn (DJCP) has
approved fourth year funding to accanplish the above cbjective,
NOW, FZ, BE IT ORM= BY THE ODIMIL OF THE CITY OF
@INIA BEACH, VIRGINIA:
That a grant be accepted and appropriated for the following
purpose:
Estiniated Revenue Local Total
Fran other Agencies Match Appropriat3.cns
Major Violator Unit $11,263. $15,284. $26,547.
That the appropriatims be financed by $11,263 estimated revenue fran
DJCP, and a local contributicn of $15,284 frcm the City's Unappropriated Fund
Balance, and
That one perscnnel positicn be authorized for the duraticn of this
grant, to be paid fran the grant, with the class of mployee to be determined by
the City Manager.
FIRST READING: 15 June 1981
SECCND @3NG: 22 June 1981
Adopted by the Council of the City of Virginia Beach, Virginia, m
the 22 day of June 1981.
iT
41-
P L A N N I N G A G E N D A
ITEM II-J.-l.a ITEM #16857
Attorney V. A. Etheridge, Jr., appeared in behalf of the applicant.
The following appeated in opposition:
Mrs. Martha J. Clukey, presented a petition, updated from the
Council Meeting of May 11, 1981, with 361 signatures, including
23 additional signatures, from Gloucester Village, Hilltop Manor,
Camden Estates, First Colonial Estates, Wolfsnare Acres, and
Washington Square.
Mr. John Gravatt, Chairman of the Great Neck Association of
Civic Leagues, speaking in behalf of Wolfsnare Acres,
Cheshire and Great Neck Meadows
Mr. Nelson Brown, resident of Eastern Shore Road
Mr. Sigmund Baszakowski, resident of Gloucester Village,
and a member of Wolfsnare Civic League
Councilman Bucharian made a motion, seconded by Councilwoman Oberndorf,
to DENY the application of TIDEWATER INVESTMENT PROPERTIES, INC., for
a Change of Zoning District Classification. RECONSIDERATION
Voting: 5-6
Council Members Voting Aye: (for denial)
E. T. Buchanan, Barbara M. Henley, W. H. Kitchin, III, Reba S.
McClanan, and Meyera E. oberndorf
Council Members Voting Nay:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Clarence
A. Holland, M.D. , Mayor J. Henry McCoy, Jr., D.D.S., and Patrick L.
Standing
Council Members Absent:
None
The motion to DENY was LOST.
6/ 22/ 81
4 2-
ITEM #1 6 8 5 7'a
Councilman Buchanan made a motion, seconded by Councilwoman McClanan, to
DEFER UNTIL TIME CERTAIN, SUCH TIME TO BE DETERMINED BY THE CITY CLERK,
the application of TIDEWATER INVESTMENT PROPERTIES, INC., for a Change
of Zoning District Classification.
Councilman Baum offered a SUBSTITUTE MOTION, seconded by Councilman Holland,
to APPROVE the application of TIDEWATER INVESTMENT PROPERTIES, INC., for a
Change of Zoning District Classification, subject to the recommended
conditions transmitted in the City Manager's letter, as follows; AND, to
include the following:
6. Two entrances to be provided from Wildwood Drive will be
SUBJECT TO SITE PLAN REVIEW.
7. The applicant voltmtarily agrees to submit an instrument for
recordation restricting the development to townhouses for
sale, and has further agreed that a f-,ive 50-foot buffer
along the Western property line will remain R-5 Residential
District. This docunent is to be recorded in the Office of
the Clerk of Circuit Court, WITH TliE PROPER LER.AL LANGUAGE
APPROVED BY THE CITY ATTORNEY.
8. THE 50-FOOT BUFFER STRIP WILL NOT BE BUILT TJPON, WITH DEED
RESTRICTIONS.
9. THE ZONING SHALL NOT BE EFFECTIVE UNTIL APPROVED BY THE
CITY ATTORNEY, AND PROPERLY RECORDED, WITHIN THIRTY (30)
DAYS, IN THE OFFICE OF THE CLERK OF CIRCUIT COURT.
Voting: 7-4
Council Members Voting Aye: (for Substitute Motion)
John A. Bato, E. T. Buchanan, F. Reid Ervi@ Vice Mayor Harold
Heischober, Clarence A. Holland, M.D., Mayor J. Henry McCoy,
Jr., D.D.S., and Patrick L. Standing
Council Members Voting Nay:
Barbara M. Henley, W. H. Kitchin, III, Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Absent:
None
6/ 2 2/ 81
- 4 3-
AN ORDINANCE UPON TIDEWATER INVESTME14T Z0681582
PROPERTIES, INC., FOR A CHANGE OF ZONING
DISTRICT CLASSIFICATION FROM R-5 RESI-
DENTIAL DISTRICT TO A-1 APARTMENT DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
Ordinance upon application of Tidewater Investment
Properties, Inc., for a Change of Zoning District
Classification from R-5 Residential District to A-1
Apartment District on certain property located at the
Southeast corner of Wildwood Drive and Eastern Shore
Road, running a distance of 469.54 feet along the South
side of Wildwood Drive, running a distance of 868.47 feet
along the Eastern property line, running a distance of
324.51 feet along the Southern property line and running
a distance of 913.47 feet along the East side of Eastern
Shore Road. Said parcel contains 8.03 acres. LYNNHAVEN
BOROUGH.
Approval is subject to the following provisions in con-
junction with the intended use of the land:
1. Standard improvements as required by the Site Plan
Ordinance.
2. City water and sewer.
3. An adequate drainage outfall system with all the necessary
dowastream improvements and easements is required.
4. Right-of-way improvements are necessary along Wildwood Drive;
this includes pavement widening and overlay, curb, gutter, side-
walk, and drainage facilities.
5. All existing traverse and perimeter ditches are to be piped
unless drainage calculations indicate the capacity of the
existing and proposed outfall system will exceed the capacity of
a 72-inch RCP.
6. Two entrances to be provide,d from Wildwood Drive.will be
subject to site plan review.
7. The applicant voluntarily agrees to submit an instrt=ent
for recordation restrictiug the development to townhouses for
sale, and has further agreed that a fi.'ty-foot buffer along
the Western property line will remain R-5 Residential District.
This doc,--nt is to be recorded in the Office of the Clerk of
the Circuit Court, with the proper legal language approved by
the City Attorney.
8. The 50-foot buffer strip will not be built upon, with deed
restrictions. ti
9. Tbe zdning shall not be effective tmtil approved by the City
Attorney, and properly recorded witbin thirty (30) days, in the
Office of the Clerk of Circuit Court.
This Ordinance shall be effective from date of adQ pt'ion.
Adopted by the Council of the City of Virginia Beachi Virginia,
Virginia, on the Twenty-Second day of June, 1981.
- 4 4-
ITEM II-J.2.a ITEM #16858
Walter Monahan, Land Planner, appeared in behalf of the applicant.
Upon motion by Councilman Baum, seconded by Councilman Standing, City
Council voted to APPROVE the application of C & C INVESTMENTS, INC.,
for a Change of Zoning District Classification, subject to the recommended
conditions transmitted in the City Manager's letter, as follows:
AN ORDINANCE TIPON APPLICATION OF C & C Z0681583
INVESTMENTS, INC., FOR A CHANGE OF ZONING
DISTICT CLASSIFICATION FROM R-8 RESIDENTIAL
DISTRICT TO 0-1 OFFICE DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
Ordinance upon application of C & C Investments, Inc.,
for a Change of Zoning District Classification from R-8
Residential District to 0-1 Office District on certain
property located on the East side of Grayson Road
beginning at a point 600 feet more or less North of Bonney
Road, running a distance of 264 feet along the East side of
Grayson Road, running a distance of 519.69 feet along the
Northern property line, running a distance of 126.16 feet
in a Southeasterly direction, running a distance of 205.10
feet in a Southwesterly direction, running a distance of
270 feet in a Westerly direction, running a distance of
112 feet in a Northerly direction and running a distance of
185 feet in a Westerly direction. Said parcel contains 2.83
acres. KEMPSVILLE BOROUGH.
Approval is subject to the following provisions in conjunction
with the intended use of the land:
1. Standard improvements as required by the Site Plan Ordinance.
2. City water and sewer.
3. Right-of-way improvements are necessary along Grayson Road;
this includes pavement widening, curb and gutter, sidewalk and
drainage facilities.
4. An adequate outfall system with all necessary downstream
improvements and easements is required.
5. A 15-foot dedication along Grayson Road.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Twenty-Second day of June, 1981.
45-
Voting: 9- 2
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold
Heischober, Clarence A. Holland, M.D., W. H. Kitchin, III, Mayor
J. Henry McCoy, Jr., D.D.S., Me@era E. Oberndorf, and Patrick L.
Standing
Council Members Voting Nay:
Barbara M. Henley, and Reba S. McClanan
Council Members Absent:
None
-46-
ITEM II-J.2.b ITEM #16859
Attorney W.' Leigh Ansell appeared in behalf of the applicant
Upon motion by Councilman Holland, seconded by Councilwoman Oberndorf,
City Council voted to uphold the recommendation of the Planning Commission
and APPROVE the application of TAYLOR B. CARR for a Change of Zo@n
District Classification, subject to the recommended conditions transmitted
in the City Manager's letter, as follows:
AN ORDINANCE UPON APPLICATION OF TAYLOR B. zo681584
CARR FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM B-3 GENERAL BUSINESS
DISTRICT TO I-1 LIGHT INDUSTRIAL DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
ordinance upon application of Taylor B. Carr for a Change of
Zoning District Classiiication from B-3 General Business
District to I-1 Light Industrial District on certain property
located at the Southwest intersection of Kellam Road and
Columbus Street, running a distance of 297 feet along the West
side of Kellam Road, running a distance of 281.07 feet along
the Southern property line, running a distance of 297 feet along
tbe Western property line and running a distance of 281.07 feet
along the South side of Columbus Street. Said parcel contains
1.80 acres. BAYSYDE BOROUGH.
Approval is subject to the following provisions in conjunction
with the intended use of the land:
1. Standard improvements as required by the Site Plan Ordinance.
2. City water and sewer.
3. Right-of-way improvements are necessary along both Columbus
Street and Kellam Road; this includes pavement widening, curb
and gutter, sidewalk, and drainage facilities.
4. All perimeter ditches along this property are to be piped
unless drainage calculations indicate tbe existing and
proposed outfall systems will exceed the capacity of a 72-inch
RCP.
5. A five-foot dedication along Kellam Road.
6. A Eert-y-f-!Eve 40-foot right-of-way dedication along this site's
frontage on Columbus Street in order to provide for an
ultimate 80-foot right-of-way, witb the City installing the
improvements.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Twenty-Second day of June, 1981.
4 7-
Vo t in g: 11-0
Council Members Voting Aye:
Jobn A. Baum, E. T. Buchanan, P. Reid Ervin, Vice Mayor Harold
Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H.
Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S.,
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
-4 6-
ITEM II-J.2.c ITEM #16860
MAYOR McCOY LEFT COUNCIL CHAMBERS DURING THIS APPLICATION AND VICE MAYOR
HEISCHOBER PRESIDED OVER THE REMAINDER OF THE MEETING.
C. G. Harris appeared in behalf of the applicant
The following appeared in opposition:
Jack Dempsey, representing the Alliance of Civic Leagues
Mary Butler, Kings Grant Community League
Irv Douglas, Alliance of Little Neck Civic Leagues, presented
petitions, copies of which have been made a part of these
proceedings
Upon motion by Councilwoman McClanan, seconded by Councilwoman Oberndorf,
City Council voted to uphold the recommendation of the Planning Commission
and DENY the application of S & C COMPANY, A GENERAL PARTNERSHIP, for a
Change of Zoning District Classification, as per the following:
Ordinance upon application of S & C Company, a General
Partnership, for a Change of Zoning District Classifi-
cation from R-6 Re@idential District to A-2 Apartment
District on certain parcels located on the West side of
Little Neck Road.
Parcel 1: Beginning at the Northwest intersection of Little
Neck RTad and Alcott Road, rtmning a distance of 995.06 feet
along the West side of Little Neck Road, rtmning a distance
of 100 feet along the South side of Edinburgh Drive, running
a distance of 995 feet along tbe Western property line and
rtmning a distance of 100 feet along the Nortb side of Alcott
Road.
Parcel 2: Beginning at the Northwest intersection of Little
Neck RTad and Alcott Road, rtmning a distance of 995.19 feet
along the West side of Little Neck Road, running a distance
of 100 feet along tbe Northern property line, running a dis-
tance of 995 feet along tbe Western property line and running
a distance of 100 feet along the North side of Edinburgh
Drive.
Parcel 3: Beginning at the Northwest intersection of Little
Neck RTad and Lemon Way, rtmning a distance of 878.36 feet
more or less along the West side of Little Neck Road, running
a distance of 197.88 feet more or less along the Northern pro-
perty line, running a distance of 915.59 feet along the Western
property line and running a distance of 100 feet along the North
side of Lemon Way.
Parcel 4: Beginning at the Northwest intersection of North
Deryl Lane and Sea Horse Way, rtinning a distance of 200 feet
along the West side of North Deryl Lane, running a distance of
90 feet in a Southwesterly directiori, running a distance of 200
feet more or less along the Northern property line, running a
distance of 100 feet along the Western property line and running
a distance of 165 feet more or less along the North side of Sea
Horse Way.
4 9-
Parcel 5: Beginning at a point 265 feet more or less Nortb
of Sea liorse Way, running a distance of 399.,20 feet along
the West side of North Deryl Lane, running a distance of
283.54 feet along the Northern property line, rtmning a
distance of 261.75 feet in a Southerly direction, running
a distance of 78.37 feet in a Southeasterly direction and
rtmning a distance of 121.35 feet in a Southerly direction.
Said parcel contains 8.7 acres. LYNNHAVEN BOROUGH.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the day of 1981
Voting: 8-2
Council Members Voting Aye: (for denial)
E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold Heischober*,
Barbara M. Henley, W. H. Kitchin, III; Reba S. McClanan, Meyera
E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
John A. Ba@ and Clare.nce A. HDlland
Council Members Absent:
Mayor J. Henry McCoy, Jr., D.D.S.
*VICE MAYOR HEISCHOBER VOICED A VERBAL "AYE" ON THIS APPLICATION AS HE
MOVED TO MAYOR MTCOY'S POSITION.
- 5 0 -
ITEM II-J.3.a ITEM #16861
James T. Simms appeared in behalf of his application
Upon motion by Councilwoman Oberndorf, seconded by Councilman Kitchin,
City Council voted to uphold the recommendation of the Planning Commission
and APPROVE the application of JAMES T. AND MARY M. SIMMS for a Conditional
Use Permit, subject to the recommended conditions transmitted in the City
Manager's letter; and, the inclusion of the following:
Approval is for a period of TWO (2) YEARS.
ORDINANCE UPON APPLICATION OF JAMES T. R0681401
AND MARY M. SIMMS FOR A CONDITIONAL USE
PERMIT FOR A HOME OCCUPATION (FREE LANCE
COMMERCIAL ART)
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
Ordinance upon application of James T. and Mary M. Simms for a
Conditional Use Permit for a home occupation (free lance commercial
art) on certain property located on the West side of West Chickasaw
Road beginning at a point 701.99 feet South of Susquehanna Drive,
running a distance of 75 feet along tbe West side of West Chickasaw
Road, running a distance of 205.26 feet along the Southern property
line, running a distance of 112.92 feet along the Western property
line, and running a distance of 190 feet along the Northern property
line. Said parcel contains .426 acre. KEMPSVILLE BOROUGH.
Approval is subject to the following provisions in conjunction with
the intended use of the land:
1. Approval is for a period of TWO (2) YEARS.
2. Compliance with Article 2, Section 229 of the Comprehensive
Zoning Ordinance pertaining to Home Occupations.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beac h, Virginia,
on the Twenty-Second day of June, 1981.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold
Heischober, Barbara M. Henley *, Clarence A. HC)lland, M.D., W. H.
Kitchin, III, Reba S. McClanan, Meyera E. Oberndorf, and Patrick
L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Mayor J. Henry McCoy, Jr., D.D.S.
Council woman Henley asked the Staff to study the renewal of conditional
use permits for "home occupations" and determine what procedure could be
established to provide a "compromise figure" (renewal fee), and still
require Council's approval of the renewal application.
- 52-
ITEM II-J.3.b ITEM #168 62
Robert Nielgon appeared in behalf of the applicant
Upon motion by Councilman Standing, seconded by Councilwoman Henley,
City Council voted to uphold the recommendation of the Planning Commission
and APPROVE the application of VIRGINIA BEACH PROGRESSIVE ASSOCIATION, INC.,
D/B/A COMMUNITY OIL, subject to the recommended conditions transmitted in
the City Manager's letter, as follows:
ORDINANCE UPON APPLICATION OF VIRGINIA R0681402
BEACH PROGRESSIVE ASSOCIATION, INC.,
D/B/A COMMUNITY OIL, FOR A CONDITIONAL
USE PERMIT FOR A BULK STORAGE YARD
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
Ordinance upon application of Virginia Beach Progressive
Association, Inc., d/b/a Community Oil, for a Conditional
Use Permit for a bulk storage yard on certain property lo-
cated on the West side of South Birdneck Road beginning at
a point 820 feet North of Bell's Road, running a distance
of 150 feet along the West side of South Birdneck Road,
running a distance of 806.80 feet along the Northern pro-
perty line, running a distance of 118.08 feet along the
Western property line and running a distance of 775.57 feet
along the Southern property line. Said parcel contains 2.35
acres. LYNNHAVEN BOROUGH.
Approval is subject to the following provisions in conjtmction
with the intended use of the land:
1. Standard improvements as required by the Site Plan Ordinance.
2. City water and sewer.
3. A revised site plan with adequate parking in accordance with
City standards.
4. The reservation of a drainage easement for Canal No. 1.
5. A fence or wall not less than 6 feet in height shall
completely enclose the storage yard, except for the necessary
openings for ingress and egress.
6. No storage shall be allowed within 100 feet of South Birdneck
Road.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Twenty-Second day of June, 1981.
5 3-
Voting: 10 -0
Council Members Voting Aye:
Jolm A. Bauv6 E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold
Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H.
Kitchin'1II, Reba S. McClanan, Meyera E. Oberndorf, Patrick L.
Standing
Council Members Voting Nay:
None
Council Members Absent:
Mayor J. Henry McCoy, Jr., D.D.S.
- 5 4-
ITEM II-J.3.c ITEM #16663
Jerry Adams appeared in behalf of the applicant
Upon motion by Councilwoman Oberndorf, seconded by Councilman Ervin,
City Council voted to uphold the recommendation of the Planning Commission
and APPROVE the application of BEACH CAR WASH, INC., for a Conditional Use
Permit, subject to the recommended conditions transmitted in the City
Manager's letter, as follows; and, the inclusion of the following:
9. The applicant voluritarily agrees to place in the Escrow
Account tbe cost of site improvements for Opal Avenue.
ORDINANCE LTON APPLICATION OF BEACH CAR R0681403
WASH, INC., FOR A CONDITIONAL USE PERMIT
FOR A CAR WASH FACILITY
BE IT ORDAINED BY TBE COUNCIL OF TBE CITY OF VIRGINIA BEACH,
VIRGTNIA:
Ordinance upon application of Beach Car Wasl% Inc., for a
Conditional Use Permit for a car wash facility on certain
property located on the Southwest corner of Virginia Beach
Boulevard and Opal Avenue, rtmning a distance of 175 feet
along the South side of Virginia Beach Boulevard, running a
distance of 325 feet along the Western property line, running
a distance of 175 feet along the Southern property line and
running a distance of 325 feet along the West side of Opal
Avenue. Said parcel contains 1.31 acres. KEMPSVILLE BOROUGH.
Approval is subject to the following provisions in conjunction
with the intended use of the land:
1. Standard improvements as required by the Site Plan Ordinance.
2. City water and sewer.
3. A variable width right-of-way dedication at the corner of
Virginia Beach Boulevard and Opal Avenue, as well as a temporary
construction easement along this site's frontage on Virginia
Beach Boulevard, as shown on plans on file in the City Engineer's
Office.
4. No water shall be permitted to fall upon or drain across
public streets or adjacent properties.
5. The recycling of water in accordance with the City Code.
6. Parking at a ratio of 3 spaces for each car wash space within
the facility.
7. A 35-foot building setback from all streets, as required in
the Comprehensive Zoning Ordinance.
8. Any proposed entrance onto Virginia Beach Boulevard is to
be in accordance with standard City requirements.
9. Applicant voluntarily agrees to place in the Escrow Account
the cost of site improvements for Opal Avenue.
This Ordinance shall be effective from date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Twenty-Second day of June, 1981.
55-
Voting: 10 -0
Council Members Voting Aye:
John A. Ba@ E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold
Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H,
Kitchin, III, Reba S. McClanan, Meyera E. Oberndorf, Patrick L.
Standing
Council Members Voting Nay:
None
Council Members Absent:
Mayor J. Henry McCoy, Jr., D.D.S.
ITEM II-J.3.d ITEM #16864
Bruce B. GEC11up appeared in behalf of the applicant.
Upon motion by Councilman Baum, seconded by Councilman Buchanan, City
Council voted to uphold the recommendation of the Planning Commission
and APPROVE the application of JAMES S. GARY for a variance to Section
4.4(b) of the Subdivision Ordinance, as follows:
Appeal from Decisions of Administrative Officers in regard
to certain elements of the Subdivision Ordinance, Subdivision
for James S. Gary. Property located on the West side of Gary
Avenue 430 feet South of Old Virginia Beach Road. Plats with
more detailed information are available in the Department of
Planning.
The applicant requests a variance to Section 4.4(b) of the
Subdivision Ordinance which requires lot dimensions to con-
form to the Comprehensive Zoning Ordinance. The applicant
wishes to subdivide this 1.03 acre site into three (3) lots.
This property currently consists of 2 lots. The site is lo-
cated on the West side of Gary Avenue, approximately 322 feet
South of Old Virginia Beach Road.
Voting: 10-0
Council Members Voting Aye:
Jolm A. Ba@ E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold
Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H.
Kitchin, III, Reba S. McClanan, Meyera E. Oberndorf, Patrick L.
Standing
Council Members Voting Nay:
None
Council Members Absent:
Mayor J. Henry McCoy, Jr., D.D.S.
5 7 -
c 0 M P R E H E N S I V E Z 0 N I N C 0 R D I N A N C E
ITEM II-J.4.a ITEM #16E;65
Mr. Art Riddell, representing residents of Homestead and neighbors in the
area.
Upon motion by Councilwoman Oberndorf, seconded by Councilman Buchanan,
City Council voted to DEFER UNTIL JULY 6, 1981, the Ordinance to amend
and reordain Article 2, Section 226 of the Comprehensive Zoning Ordi-
nance pertaining to borrow pits to permit the City Attorney's office
to draft a corrected Ordinanc6; AND, directed the Staff to prepare a
report to give Council the input needed when reviewing borrow pits.
Voting: 10-0
Council Members Voting Aye: (for deferral)
John A. Baun6 E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold
Heischober, Barbara M. Henley, Clarence A. Holland, M.D. , W. H.
Kitchin, III, Reba S. McClanan, Meyera E. Oberndorf, Patrick L.
Standing
Council Members Voting Nay:
None
Council MeTabers Absent:
Mayor J. Henry McCoy, Jr., D.D.S.
58 -
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 2, SECTION 226 OF THE
COMPREHENSIVE ZONING ORDINANCE PERTAINING
TO BORROW PITS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Article 2, Section 226, Borrow Pits, of the C.Z.O. is
amended and reordained as follows:
226. Borrow Pits
(a) Application. Each application for a use permit for a
borrow pit shall include the following information in
addition to the general information required by this
Ordinance:
(1) A boundary survey of the subject property, together
with the proposed location of the limits of excava-
tion;
(2) The means of vehicular access to the proposed
excavation;
(3) The number of cubic yards to be excavated;
(4) The areas proposed for the storage of overburden and
other spoil during the process of excavating;
(5) The proposed date on which excavating will commence,
the proposed date on which the excavation will be
completed and the proposed date that all required
restoration measures are to be completed;
(6) The location of all haul roads leading to public
streets and highways on site;
(7) A statement listing the public streets and highways
to be used as haul routes;
(8) A plan showing the proposed use of the property
once excavation has been completed, including the
location of proposed lots, streets, structures,
and other features;
(9) A plan for filling of the borrow pit, if this is
intended, once excavation has been completed. No
filling of the borrow pit will be allowed unless
plans for the filling have been approved by City
Council as a part of or as an amendment to the
use permit application, and until the City Engineer
has issued a fill permit for such activity.
(c) Factors relating to approval. Before issuing any use permit
for the excavation or fill of a borrow pit, the City Council
shall give due consideration to the following factors:
5 9-
(1) Effect of the proposal upon groundwater
supply and drainage in the area;
(2) Effect of the proposal upon the City streets
of the area, including, but not limited to,
the factor of traffic safety;
(3) Impact from noise, dust, odor, or other
nuisance, upon surrounding properties;
(4) Effect of the proposal as a potential safety
hazard.
DEFERRED BY CITY COUNCIL: 22 June 1981
Adopted by the Council of the City of Virginia Beach, Virginia,
on the day of 1981.
- 60-
ITEM II-J.4.a ITEM #16866
Upon motion by Councilman Baum, seconded by Councilwoman Oberndorf, City
Council ADOPTED the following policy for the City Attorney, City Manager,
and Staf f in the record ing of deed re str ict ions or restr ic t ive covenants
in conjunction with a rezoning or conditional use permit:
1. The proposed document is to be submitted to the City
Attorney at least Fourteen (14) days prior to the
City Council meeting, and will not be advertised
tmtil such ducument is received and approved.
2. The City Council shall not act on the proposed rezdning
unless the document is fotmd acceptable as to form and
content.
3. The City Attorney shall record the document, and the
Planning Director shall make appropriate changes to the
zoning maps only after receipt of a copy of the recorded
document from the City Attorney.
Voting: 10-0
Council Members Voting Aye:
John A. BauN E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold
Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H.
Kitchin, III, Reba S. McClanan, Meyera E. Oberndorf, Patrick L.
Standing
Council Members Voting Nay:
None
Council Members Absent:
Mayor J. Henry McCoy, Jr., D.D.S.
-61 -
ITEM II-J.4.b ITEM #16867
TJpon motion by Councilwoman Henley, seconded by Councilman Baum, City
Council voted to uphold the recommendation of the Planning Commission
and DENY the Ordinance to amend and reordain Article 1, Section 107(h)
of the Comprehensive Zoning Ordinance pertaining to amendments;
AND, tbe Ordinance to amend and reordain Article 2, Section 220(e) of
the Comprehensive Zoning Ordinance pertaining to procedural requirements
for conditional use permits.
Voting: 10-0
Council Members Voting Aye: (for denial)*
Jobn A. Baui% E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold
Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H.
Kitchin, III, Reba S. McClanan, Meyera E. Oberndorf, Patrick L.
Standing
Council Members Voting Nay:
None
Council Members Absent:
Mayor J. Henry McCoy, Jr., D.D.S.
*VERBAL ROLL CALL
6 2-
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 1, SECTION 107
OF THE COMPREHENSIVE ZONING ORDINANCE
PERTAINING TO AMENDMENTS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Article 1, Section 107, Amendments, of the C.Z.O. is
amended and reordained as follows:
107. Amendments
(h) Effective Date. Unless expressly exempted by
City Council, each amendment to the Ordinance
shall becdme effective thirty (30) days after
adoption.
Adopted by tbe Council of tbe City of Virginia Beach, Virginia,
on the day of 1 1981.
DENIED BY CITY COUNCIL: 22 June 1981
-6 3-
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 2, SECTION 220 OF THE
COMPREHENSIVE ZONING ORDINANCE
PERTAINING TO PROCEDURAL REQUIREMENTS
FOR CONDITIONAL USE PERMITS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Article 2, Section 220, Procedural Requirements of the
C.Z.O. is amended and reordained as follows:
220. Procedural Requirements.
(f) Rehearing the conditional use permit. Where City
Council finds that there is public benefit to be
gained by modifying a conditional use permit under
consideration, and that significant public incon-
venience would not result from consideration within
one (1) year of the modified request. it may allow
withdrawal of an application for a conditional use
permit may-@e-reettiested during public hearing;
however, if the conditional use permit is denied by
the City Council, substantially the same application
shall not be filed within one (1) year of denial.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Twenty-Second, day of June, 1981
- 6 4-
ITEM II-J.4.c ITEM #16868
Upon motion by Councilman Buchanan, seconded by Councilwoman Henley,
City Council voted to uphold the recommendation of the Planning
Commission and ADOPT the Ordinance to amend and reordain Article 1,
Section 107 of the Comprehensive Zoning Ordinance pertaining to
amendments;
AND, the Ordinance to amend and reordain Article 2, Section 220 of the
Comprehensive Zoning Ordinance pertaining to procedural requirements.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervi@ Vice Mayor Harold
Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H.
Kitchin, III, Reba S. McClanan, Meyera E. Oberndorf, and Patrick
L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Mayor J. Henry McCoy, Jr., D.D.S.
6 5-
ORDINANCE TO AMEND AND REORDAIN ARTICLE 1
SECTION 107 OF THE COMPREHENSIVE ZONING
ORDINANCE PERTAINING TO AMENDMENTS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Article 1, Section 107, Amendments, of the C.Z.O. is
amended and reordained as follows:
107. Amendments
(b) Where City Council finds that there is public
benefit to be gained by modifying a petition
for amendment under consideration, and that
significant Public inconvenience would not
result from consideration within one year
of the modified petition, it may allow
withdrawal of a petition for amendment may
b,&-i,eqtteeted duriiig public hearing. However,
if the petition is denied by City Council,
substantially the same petition shall not be
filed within one (1) year of detlial. For the
purpose of this Section, a zoning petition
shall be considered to be substantially the
same petition when the request is for a
district classification that was previously
denied. These provisions shall not be held
to impair the right of the Planning Commission
or Council to propose an am6ndment to the Zoning
Ordinance at any time.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Twenty-Second day of June. 1981.
-66-
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 2, SECTION 220 bF THE
COMPREHENSIVE ZONING ORDINANCE WHICH
PERTAINS TO PROCEDURAL REQUIREMENTS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINLA BEACH,
VIRGINIA:
That Article 2, Section 220, Procedural Requirements of the
C.Z.O. is amended and reordained as follows:
220. Procedural Requirements.
(e) Action by City Council. After receiving the
recommendations of the City agencies and the
Planning Commission, the City Council shall
hold a public hearing and act upon the proposed
conditional use, granting the application in
whole or in part with or without modifications,
or denying it. In addition to the general or
specific requirements set forth in this Ordinance
concerning the proposed use, which shall be con-
sidered minimum requirements with respect to the
permit, additional requirements, conditions and
safeguards may be added by the City Council as
required for the protection of public interest
in the specific case. Unless expressly exempted
by City Council, each conditional use permit
approved by City Council sball become effective
thirty (30) days after the date of approval.
DENIED BY CITY COUNCIL: 22 June 1981
Approved by the Council of the City of Virginia Beach, Virginia,
on the day of 1 1981
-6 7-
0 R D I N A N C E S I N G E N E R A L
ITEM II-K.l.a ITEM #16869
Mr. Robert Lawson, one of the owners of the property in question,
appeared in favor of the proposed Ordinance.
Ed Lynk appeared in opposition to the proposed Ordinance.
Councilman Buchanan made a motion, seconded by Councilman Baum, to
ADOPT the Ordinance to authorize tbe acquisition of property in fee
simple for Lynnhaven Inlet, Bay and Connecting Waters maintenance
dredging project and the acquisition of necessary temporary and
permanent easements either by agreement or by condemndation, with
the following amendment to Section One:
Section 1. That the City Attorney is hereby authorized and
directed to acquire by ptwchase or condemnation pursuant to
Section 15.1-236, et seq., 15.1-898, et seq., and 33.1-89,
et seq., Code of Virginia of 1950, as amended, "ALL THAT
PARCEL, BEING SIXTEEN (16) ACRES, MORE OR LESS, SHALL BE
USED SOLELY AND EXCLUSIVELY AS A DREDGE MATERIAL DISPOSAL
SITE, AND NOT USED AS A RECREATIONAL BOATING SITE."
Councilman Kitchin offered a SUBSTITUTE MOTION, seconded by Councilman
Ervin, to ADOPT the Ordinance to authorize the acquisition of property
in fee simple for Lynnhaven Inlet, Bay and Connecting Waters maintenance
dredging prt)ject and the acquisition of necessary temporary and permanent
easements either by agreement or by condemnation, AS IT STANDS IN THE
AGENDA.
Voting: 6-4
Council Members Voting Aye: (for SUBSTITUTE MOTION)
John A. Baum, E. T. Buebanan, F. Reid Ervin, Vice Mayor Harold
Heischober, W. H. Kitchin, III, and Patrick L. Standing
Council Members Voting Nay:
Barbara M. Henley, Clarence A. Holland, M.D., Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Absent:
Mayor J. Henry McCoy, Jr., D.D.S.
- 6 8-
AN ORDINANCE TO AUTHORIZE THF ACQUISITION OF
PROPERTY IN FEE SIMPLE FOR LYNNHAVEN INLET,
BAY AND CONNECTING WATERS MAINTENANCE DREDGING
PROJECT AND THE ACQUISITION OF NECESSARY
TEMPORARY AND PERMANENT EASEMENTS EITHER BY
AGREEMENT OR BY CONDEMNATION
WHEREAS, in the opinion of the Council of the City of Virginia
Beach, Virginia, a public necessity exists for the construction of that
important project for public purposes for tbe preservation of the safety,
health, peace, good order, convenience, morale and welfare of the people
in the City of Virginia Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
Section 1. That the City Attorney is bereby authorized and
directed to acquire by purchase or condemnation pursuant to Section
15.1-236, et seq., 15.1-898, et seq., and 33.1-89, et seq., Code of
Virginia of 1950, as amended, all that certain real property in fee
simple, containing approximately 16 acres, more or less, land including
necessary temporary and permanent easements as shown on the plat entitled:
"Survey Showing 15.939 Acre Site, at Lynnhaven Inlet, City of Virginia
Beach, Virginia, Department of Community Services, Engineering Division,
dated June 25, 1976, " plus and in addition thereto, Lots 1, 3, 4, 5, 6,
6-A and 7 and all accretion of land thereto, said plat being recorded in
Map Book 115, at page 21, in the Clerk's Office of the City of Virginia
Beach, Virginia, this plat also being on file in the Public Works
Department, Engineering Division, Municipal Center, Virginia Beach,
Virginia.
Section 2. That the City Attorney is hereby authorized to
make or cause to be made on behalf of the City of Virginia Beach, to
the extent that funds are available a reasonable offer to the owners
or persons having an interest in said lands, if refused, the City
Attorney is hereby authorized to institute proceedings to condemn said
property.
Section 3. That an emergency is hereby declared to exist and
this Ordinance shall be in force and effect from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the.Twenty-Second. day of June, 1981.
6 9-
ITEM II-K.l.b/c ITEM #16870
Upon motion by Councilwoman McClanan, seconded by Councilman Buchanan,
City Council voted to DEFER UNTIL THE MEETING OF JULY 6, 1981, the
Ordinance to amend and reordain Section 35-181 Code of the City of
Virginia Beach, Virginia pertaining to admissions tax;
AND, the Ordinance to amend and reordain Section 21-338(b) of the
Code of the City of Virginia Beach pertaining to chemical test to
determine alcohol content of blood.
Voting: 10-0
Council Members Voting Aye: (for deferral)
John A. Baui6 E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold
Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H.
Ritchin, III, Reba S. McClanan, Meyera E. Oberndorf, Patrick L.
Standing
Council Members Voting Nay:
None
Council Members Absent:
Mayor J. Henry McCoy, Jr., D.D.S.
- 70 -
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 35-181 OF THE CODE OF THE
CITY OF VIRGINIA BEACH PERTAINING
TO ADMISSIONS TAX
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 35-181 Code of the City of Virginia Beach,
Virginia, is hereby amended and reordained as follows:
Section 35-181. Definitions.
The following words and phrases, when used in this Article,
shall, for the purposes of this Article, have the meanings ascribed to
them in this Section, except where the context clearly indicates a
different meaning:
Admission charge. "Admission charge" means the charge made
for admission to any amusement or entertainment, exclusive of any federal
tax thereon, including a charge made for season tickets, to all clubs
and organizations for amusement and entertainment. ,
City Treasurer. "City Treasurer" means the Treasurer of the
City and any of his duly authorized Deputies and 'Agents.
Commissioner of Revenue. "Commissioneir of Revenue" means the
Commissioner of Revenue of the City and any of his duly authorized
Deputies and Agents.
Place of Amusement or Entertainment.
"Place of Amusement or Entertainment" means any place in the
City wherein or whereat any of the following, or amusements or entertain-
ments similar to the following, are located, conducted, performed,
exhibited and operated: Circuses, carnivals, menageries, amusement parks,
moving-picture shows, fairs, shows and exbibitions of all kinds; dances;
basketball, football, wrestling, boxing and sports of all kinds; swimming
pools, bowling alleys, roller rinks, golf courses, miniature golf
courses, charter boats, drift boats, party boats solely operated witbin
the corporate limits and within one (1) mile into the adjacent waters
and other such things of a similar nature; concerts, theatrical,
vaudeville, dramatic, operatic and musical performances and performances
similar thereto; lectures, talks, literary teadings, and performances
similar thereto; such attractions as merry-go-rounds, Ferris wheels
- 71 -
roller coasters, leap-the-dips and the like, and all other public
amusements, performances and exhibitions not specifically named therein;
and, any r@oof garden, cabaret or other similar place furnishing a public
performance for profit, which shall include any room in any hotel,
restaurant, hall or other public place where music and dancing
privileges or any other entertainment are offered the patron in connection
with the serving or selling of food, refreshments or merchandise. A
performance shall be regarded as being furnished for proflit for purposes
of this Article even though charge made for admission, refreshment service
or merchandise is not increased by reason of the furnishing of such
performance.
Special Tax Auditor. "Special Tax Auditor" means the
Special Tax Auditor of the City and any of his duly authorized Deputies
and Agents.
This Ordinance shall be effective on and after the date of
its adoption.
DEFERRED BY CITY COUNCIL: June 22, 1981
Adopted by the Council of the City of Virginia Beach, Virginia,
on the day of 1981.
7 2-
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 21-338(b) OF THE CODE OF THE
CITY OF VIRGINIA BEACH PERTAINING TO
CHEMICAL TEST TO DETERMINE ALCOHOL
CONTENT OF BLOOD
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Section 21-338(b) of the Code of the City of Virginia
Beach, Virginia, is hereby amended and reordained as follows:
(b) Any person, whether licensed by the State or not, who
operates a motor vehicle upon a public highway in this City shall be
deemed thereby, as a condition of such operation, to bave consented
to have a sample of his blood or breatb taken by a chemical test to
determine the alcoholic content of his blood, if such person is arrested
for a violation of Section 21-226 within, two (2) hours of the alleged
offense. Any person so arrested shall elect to have either the breath
or blood sample taken, but not both. It shall not be a matter of defense
that either test is not available.
This Ordinance shall b@ effective from date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Twenty-Second day of June, 1981.
- 7 3-
ITEM II-K.2.a.b.c.d ITEM #16871
Upon motion by Councilman Ervin, seconded by Councilman Holland, City
Council voted to uphold the recommendation of the City Manager and
ADOPT, with a correction in the Agenda cbanging the figure $1,000 to
$1,000,000 Revenue Sharing Funds:
a. Ordinance, on FIRST READING, to appropriate the Davis
Corner Fire Department and Rescue Squad, Inc., an
amount of $25,000 for an advance life support unit;
b. Ordinance, on FIRST READINC, to transfer funds of
$39,690 and to appropriate funds of $3-% 310 for pay-
ment for the Norfolk Adult Offender Transaction
Statistics and Management Information System (TRACER),
and to appropriate funds of $2Z 617 for a Tidewater
Electronic Network for Police Information Project
(TENPIN) Project for the period July 1, 1980 through
J=e 30, 1981;
c. Ordinance, on FMST READING, to appropriate $1,000,000
of Revenue Sharing Funds for the completion of the
freshwater well drilling operations in Western Tidewater;
d. Ordinance, on FIRST @ING, to accept funds totaling
$4Z 467.00 from the Virginia Housing Development
Authority and to appropriate these funds.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold
Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H.
Kitchin, III, Reba S. McClanan, Meyera E. Oberndorf, Patrick L.
Standing
Council Members Voting Nay:
None
Council Members Absent:
Mayor J. Henry McCoy, Jr., D.D.S.I.
- 74-
AN ORDINANCE TO APPROPRIATE TO THE
DAVIS CORNER FIRE DEPARTMENT AND
RESCUE SQUAD, INC., AN AMOUNT OF
$25,000 FOR AN ADVANCE LIFE SUPPORT UNIT
WHEREAS, the Davis Corner Fire Department and Rescue Squad,
Inc., has identified the need to replace a life support unit; and,
WHEREAS, a new advance life support unit which will better
serve the needs of the citizens within the service area will cost
approximately $25,000; and,
WHEREAS, the Davis Corner Fire Department and Rescue Squad,
Inc., has requested $25,000 for this purpose; and,
WHEREAS, City Council considers it appropriate to make this
amount available for such a purpose.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
THAT funds of $25,000 be appropriated from the General Fund
Balance to the Davis Corner Fire Department and Rescue Squad, Inc., for
the purchase of an advance life support unit. It is anticipated that
these funds will be repaid on the following schedule:
July 1, 1982 $ 8, 500
July 1, 1983 8, 500
July 1, 1984 8,000
Total $25,000
This Ordinance shall be in effect from and after date of
adoption.
FIRST READING: 22 June 1981
SECOND READING:
Adopted by the Council of the City of Virginia Beach, Virginia,
on the day of 1981.
75-
AN ORDINANCE TO TRANSFER FUNDS OF $39,690 AND TO
APPROPRIATE FUNDS OF $35,310 FOR PAYMENT FOR THE
NORFOLK ADULT OFFENDER TRANSACTION STATISTICS
AND MANAGEMENT INFORMATION SYSTEM (TRACER),
AND TO APPROPRIATE FUNDS OF $22,617 FOR A
TIDEWATER ELECTRONIC NETWORK FOR POLICE
INFORMATION PROJECT (TENPIN PROJECT), FOR THE
PERIOD JULY 1, 1980, THROUGH JUNE 30, 1981
WHEREAS, the City of Virginia Beach contracts with the City of
Norfolk to participate in both the Norfolk Adult Offender Statistics and
Management Information System (TRACER), and the Tidewater Electronic
Network for Police Information Project (TENPIN Project).
WHEREAS, the City of Norfolk has substantially increased its
charges to the City of Virginia Beach for TRACER and TENPIN, for the
Fiscal Year July 1, 1980, through June 30, 1981.
WHEREAS, the amount of $39,690 has been transferred to the
Department of Data Processing and encumbered for the purchase of a
disc scanner and interactive software for the Department of Public Works,
and that these items are no longer required.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That the amount of $39,690 P-reviously allocated for a disc
scanner and interactive software be reallocated for payment of TRACER, and
that $35,310 be appropriated from the General Fund balance for use of
Norfolk's Adult offender Transaction Statistics and Management Information
System (TRACER), for the contract period July 1, 1980, through June 30,
1981; and, that the amount of $22,617 be appropriated from the General
Fund balance for use of Norfolk's Tidewater Electronic Network for Police
Information Project (TENPIN Project), for the contract period July 1,
1980, through June 30, 1981.
BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That the City Manager is authorized to enter into contracts with
the City of Norfolk to participate in both TRACER and TENPIN.
This Ordinance shall be effective from date of adoption.
FIRST READING: 22 June 1981
SECOND READING:
Adopted by the Council of the City of Virginia Beach, Virginia,
-on the
7 6 -
AN ORDINANCE TO APPROPRIATE $1,000,000
OF REVENUE SHARING FUNDS FOR THE COM-
PLETION OF THE FRESHWATER WELL DRILLING
OPERATIONS IN WESTERN TIDEWATER
WHEREAS, an emergency water shortage exists within the,City
of Virginia Beach; and,
WHEREAS, City Council has previously provided $1,000,000 of
the $2,000,000 estimated cost of the freshwater well drilling operations
in Western Tidewater; and,
WHEREAS, $1,000,000 in General Revenue Sharing funds are
available to complete the well drilling operations.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That $1,000,000 in General Revenue Sharing funds be appropriated
for completion of the freshwater well drilling operations in Western
Tidewater.
This Ordinance shall be in effect from the date of its adoption.
FIRST READING: 22 June 1981
SECOND READING:
Adopted by the Council of the City of Virginia Beach, Virginia,
on the day of 1 981.
7 7-
AN ORDINANCE TO ACCEPT FUNDS TOTALING
$42,467.00 FROM THE VIRGINIA HOUSIND
DEVELOPMENT'AUTHORITY AND TO APPROPRIATE
THESE FUNDS
WHEREAS, the City of Virginia Beach has participated and wishes
to continue its participation in the Section 8 Housing Program; and,
WHEREAS, the City of Virginia Beach has entered into an
agreement with the Virginia Housing Development Authority (VHDA), to
participate in the Program-, and,
WHEREAS, the Office of Housing and Community Development has
been designated to administer the Program, which will assist in housing
the under-privileged. '
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH,. VIRGINIA:
That the City Manager is hereby authorized to accept funds for
the City, and funds are hereby appropriated for the following purpose:
Section 8 Housing - $42,467.00
BE IT FURTHER ORDAINED that the appropriations will be financed
by $42,467.00 Estimated Revenue from VHDA, with no local match required;
and,
That two personnel positions are hereby authorized for the
duration of the funding, to be paid from the funds, with the class of
the employees to be determined by the City Manager; and,
That the purchase of an automobile for use by the Program
Specialist from these funds, as budgeted by VHDA, is authorized.
FIRST READING: 22 June 1981
SECOND READING:
Adopted by the Council of the City of Virginia Beach, Virginia,
on the day of 1981
78 -
A P P 0 I N T M E N T S
ITEM II-L.1/2 ITEM #16872
Consideration of appointments to the ARTS AND HUMANITIES COMMISSION and
THE HISTORICAL REVIEW BOARD was DEFERRED until 6 July 1981.
N E W B U S I N E S S
ITEM II-N.1 ITEM #16873
Upon motion by Councilman Buchanan, seconded by Councilman Holland,
City Council voted to uphold the recommendation of the Financial
Committee and ADOPT the report of the Committee; and autborize the City
Manager to enter into a contract with Wainwright & Ramsey, Inc., for
financial advisory services for a period of one (1) year, with an
automatic annual renewal option.
Voting: 10-0
Council Members Voting Aye:
John A. Baum1/2 E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold
Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H.
Kitchin, III, Reba S. McClanan, Meyera E. Oberndorf, Patrick L.
Standing
Council Members Vating Nay:
None
Council Members Absent:
Mayor J. Henry McCoy, Jr., D.D.S.
U N F I N I S H E D B U S I N E S S
ITEM II-N.1 ITEM #16874
Upon motion by Councilwoman Henley, seconded by Councilwoman oberndorf,
City Council voted to EXPEDITE the application of Harold Henley for a
conditional use permit to construct a single-family residence. This
application is to be advertised simultaneously for a hearing before
the Planning Commission on August 11, 1981; and, a hearing before
the City Council on August 17, 1981.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold
Heischober, Barbara M. Henley,* Clarence A. Holland, M.D., W. H.
Kitchin, III, Reba S. McClanan, Meyera E. Oherndorf, Patrick L.
Standing
Council Members Voting Nay:
None
Council Members Absent:
Mayor J. Henry McCoy, Jr., D.D.S.
*Councilwoman Henley requested the Minutes reflect that she ancl, Harold
Henley are NOT RELATED.
- 80-
ITEM II-N.2 ITEM #16875
Upon motion by Councilman Holland, seconded by Councilman Ervin, and by
ACCLAMATION, City Council will hear the residents of Baylake Pines and
Lookout Road reguarding the cul de sac of same on July 6, 1981.
A D J 0 U R N M E N T
ITEM II-0.1 ITEM #16876
Upon motion by Councilman Ervin, City Council adjourned at 11:30 p.m.
Diane M. Hickman, Deputy City Clerk
R)Ath Hodges Sifith, City Clerk n Y, S.
Approved with Correction of
Item #16792
City of Virginia Beach, July 6, 1981 iv
Virginia
22 June 1981
dmh/asd